§386-35  Benefit adjustment.  (a) Effective January 1, 1992, and January 1 of every tenth yearthereafter, any employee whose date of work injury is before January 1,1992, and January 1 of every tenth year thereafter, and who is at any timeafter the work injury determined to be permanently and totally disabled shallbe paid, without application, a supplemental allowance by the responsibleemployer calculated in accordance with the following provisions:

(1)  In any case where the employee is entitled to receivethe maximum weekly income benefit applicable on the date of the work injury,the supplemental allowance shall be an amount which when added to the benefitwill equal the maximum weekly benefit as of January 1, 1992, andJanuary 1 of every tenth year thereafter; or

(2)  In any case where the employee is entitled toreceive less than the maximum weekly income benefit applicable on the date ofthe work injury, the supplemental allowance shall be an amount equal to themaximum weekly income benefit as of January 1, 1992, and January 1 ofevery tenth year thereafter, multiplied by the ratio of the employee's weeklyincome benefit to the maximum weekly income benefit applicable on the date ofthe work injury, minus the employee's current weekly income benefit.

(b)  The employer shall be entitled toreimbursement from the special compensation fund for the additional amount paidunder subsection (a).  Requests for reimbursements shall be filed annually withthe department by January 31 of the subsequent calendar year.  The directorshall disapprove requests that are not filed properly or not filed in a timelymanner, except for good cause shown.

(c)  Effective January 1, 1992, andJanuary 1 of every tenth year thereafter, any employee whose date of workinjury is before January 1, 1992, and January 1 of every tenth yearthereafter, and who is at any time after the work injury determined to bepermanently and totally disabled, and who is further being paid weekly incomebenefits for permanent total disability by the special compensation fund shallbe paid, without application, a supplemental allowance in accordance with thefollowing provisions:

(1)  In any case where the employee is entitled toreceive the maximum weekly income benefit applicable on the date of the workinjury, the supplemental allowance shall be an amount which when added to thebenefit will equal the maximum weekly benefit as of January 1, 1992, andJanuary 1 of every tenth year thereafter;

(2)  In any case where the employee is entitled to receiveless than the maximum weekly income benefit applicable on the date of the workinjury, the supplemental allowance shall be an amount equal to the maximumweekly income benefit as of January 1, 1992, and January 1 of everytenth year thereafter, multiplied by the ratio of the employee's current weeklyincome benefit to the maximum weekly income benefit applicable on the date ofthe work injury, minus the employee's current weekly income benefit;

(3)  In any case where the employee is entitled toreceive weekly benefits at a fifty per cent rate, the supplemental allowanceshall be an amount equal to the maximum weekly income benefit as ofJanuary 1, 1992, and January 1 of every tenth year thereafter,multiplied by twice the ratio of the employee's current weekly income benefitto the maximum weekly income benefit applicable on the date of the work injuryminus the employee's current weekly income benefit; or

(4)  In any case where the employee is no longerreceiving weekly benefits, the supplemental allowance shall be an amount equalto the maximum weekly income benefit as of January 1, 1992, andJanuary 1 of every tenth year thereafter, multiplied by the ratio of theemployee's last weekly income benefit to the maximum weekly income benefit applicableon the date of the work injury. [L 1980, c 298, §1; am L 1981, c 114, §1; gench 1985; am L 1991, c 71, §1]